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An Act to provide for monogamous marriages and for the solemnization and registration of such marriages; to amend and consolidate the law relating to divorce, the rights and duties of married persons, the protection of family, the maintenance of wives, incapacitated husbands and children and the punishment of offences against women and girls; and to provide for matters incidental thereto.

[Act 7 of 2016 wef 01/07/2016]

[15th September 1961]

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Women’s Charter.

Interpretation

2. In this Act, unless the context otherwise requires —

“brothel” means any place occupied or used by any 2 or more women or girls whether at the same time or at different times for the purpose of prostitution;

“club” means any place which is used by an association of 2 or more persons for any purpose or object;

“Conciliation Officer” means a Conciliation Officer appointed under section 48;

“court” —

(a)

for the purposes of sections 13, 17, 20 and 59 and Parts VIII and X, means the High Court or a Family Court;

(b)

for the purposes of Part VII, means a Family Court; and

(c)

for the purposes of Part IX, means the High Court or a Family Court, and includes the Syariah Court constituted under the Administration of Muslim Law Act (Cap. 3);

[Act 27 of 2014 wef 01/10/2014]

“Deputy Registrar” means a Deputy Registrar of Marriages appointed under section 26;

“Director” means the Director of Social Welfare appointed under section 3(1) of the Children and Young Persons Act (Cap. 38) and includes any person who is authorised by him to perform any of the duties or exercise any of the powers of the Director under this Act;

“fit individual” means an individual whom the Director, having regard to the character of the individual, thinks competent to provide care and protection to another individual;

[Act 7 of 2016 wef 01/07/2016]

“incapacitated former husband”, in relation to a dissolved or an annulled marriage, means a former husband to the marriage who —

(a)

during the subsistence of the marriage, was or became —

(i)

incapacitated, by any physical or mental disability or any illness, from earning a livelihood; and

(ii)

unable to maintain himself; and

(b)

continues to be unable to maintain himself;

[Act 7 of 2016 wef 01/07/2016]

“incapacitated husband” means a husband who —

(a)

during the marriage, is or becomes —

(i)

incapacitated, by any physical or mental disability or any illness, from earning a livelihood; and

(ii)

unable to maintain himself; and

(b)

continues to be unable to maintain himself;

[Act 7 of 2016 wef 01/07/2016]

“married woman” means a woman validly married under any law, religion, custom or usage;

“messaging system” means any system that enables the transmission of short text messages, or of any visual communication, voice communication or electronic mail —

(a)

from a digital mobile telephone to another digital mobile telephone; or

(b)

from an electronic mail address to a digital mobile telephone, and the other way around;

[Act 7 of 2016 wef 01/07/2016]

“minor” means a person who is below the age of 21 years and who is not married or a widower or widow;

“occupier” of a place means the tenant, sub-tenant or lessee thereof or any person in charge of the place, whether or not he is in actual occupation and whether he has or does not have powers to let or sub-let;

“owner” of a place means a person who, for the time being, has power or authority to let, hire, sell or convey the place to another person, or who receives the rent of the place whether on his own account or as an agent or a trustee for any other person;

“place” means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;

“place of assignation” means any place where communication is established with any woman or girl, either directly or through an intermediary, for any immoral purpose;

“place of public resort” means any place to which the public for the time being has access;

“place of safety” means any place of safety established under section 177;

“prostitution” means the act of a female offering her body for sexual penetration for hire, whether in money or in kind;

[Deleted by Act 7 of 2016 wef 01/07/2016]

“Registrar” means the Registrar of Marriages appointed under section 26 and includes an Assistant Registrar of Marriages;

“sexual penetration” means the penetration of the vagina, anus or mouth of a woman or girl by a man’s penis, or the sexual penetration of the vagina or anus of a woman or girl by a part of another person’s body (other than the penis) or by anything else;

“solemnization”, with its grammatical variations and cognate expressions, includes the contracting of a marriage or effecting a marriage in accordance with the law, religion, custom or usage of the parties or any of the parties thereto;

3.—(1) Except as otherwise provided, this Act shall apply to all persons in Singapore and shall also apply to all persons domiciled in Singapore.

[26/80]

(2) Parts II to VI and Part X and sections 181 and 182 shall not apply to any person who is married under, or to any marriage solemnized or registered under, the provisions of the Muslim law or of any written law in Singapore or in Malaysia providing for the registration of Muslim marriages.

[9/67]

(2A) Nothing in Part VIII entitles an incapacitated husband who is married under the provisions of the Muslim law, or of any written law in Singapore or in Malaysia providing for the registration of Muslim marriages, to obtain any maintenance under that Part.

[Act 7 of 2016 wef 01/07/2016]

(3) Notwithstanding subsection (2), sections 4, 5 and 6 shall apply to any person who contracts or purports to contract any such marriage during the subsistence of a marriage registered or deemed to be registered under the provisions of this Act or which was contracted under a law providing that or in contemplation of which the marriage is monogamous.

[9/67]

(4) No marriage between persons who are Muslims shall be solemnized or registered under this Act.

[9/67]

(5) For the purposes of this Act, a person who is a citizen of Singapore shall be deemed, until the contrary is proved, to be domiciled in Singapore.